Cyber Piracy

Cyber Piracy - The Law - 15 US Code § 8131 

(1) In general

(A) Civil liability
Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.
(B) Exception
A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, including a work made for hire as defined in section 101 of title 17, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.
(2) Remedies
In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.
(3) Definition
In this section, the term “domain name” has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).
(4) Effective date
This section shall apply to domain names registered on or after November 29, 1999

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The below email was sent to http://www.domainwards.com/ and abuse@NameBright.com on 30 March 2015 because they are currently sitting on TroyWilkinson.com for the sole purpose of selling the name at an EXTREME profit. I currently pay $8.95 for my .com domain names. The troywilkinson.com domain is currently being offered for $995. However, the price is not what has me reeling. It is the fact that some slimeball company can come in and buy a person's name and then try to sell it. Business names are one thing, but a personal name is quite another. Our privacy is sold and our names are no longer sacred territory. It's time to make a change and make those that profit pay us back. 

 

Hello,

REFERENCE: TROYWILKINSON.COM

I have been watching the domain TroyWilkinson.com for several years and waiting for it to become available for me to purchase. Assuming the photographer that owned it up until last year would not register it again. The domain name never became ‘available’ through common/normal registration methods. Over the past several months I have been offered the domain name at prices ranging from $89 to $1995 - currently $995 USD. Which I believe to be a violation of 15 US Code § 8131 among other guidance put forth by ICANN. Therefore, I am writing you to inform you that I am prepared to file a complaint both in court (15 US Code § 8131) for litigation and with the WIPO Arbitration and Mediation Center - 3 panelists. I began this process on 24 February 2015.

Effective immediately, I will be posting a copy of this email on my website at http://troywilkinson.net. Effective five calendar days from today I will be setting up drives on several fundraising sites to do two things; first, raise the capital to cover the expenses it will take to sue, with all excess going to a charity voted on by the donors of each fundraising site and second, to raise awareness and shed light on the problem of registering personal names by entities or persons other than the rightful possessor of a name or their legal representatives. Finally, I will be filing a complaint with congress and a posting a petition on Whitehouse.gov to bring even more awareness to this problem.

I realize this will be an expensive and time consuming endeavor, but I am upset and will do something about this since it is so personal and morally offensive.

The TroyWilkinson.com domain expires on 15 April 2015, so I fully intend to file my complaints in time to lock your business to the complaint without any grey in the matter. If the name were to find its way into another entity, I will tie that entity to the complaint also. You may contact me directly at the provided email address within TEN business days from today, Monday, 30 March 2015.

Troy Wilkinson

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"Few men are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world which yields most painfully to change."

-- Robert F. Kennedy, 1966 Speech